HomeMy WebLinkAboutSubdivision & Zoning Ordinances CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING SUBDIVISIONS
ARTICLE 2: SUBDIVISION REGULATIONS
CARMEL SUBDIVISION CONTROL ORDINANCE
CHAPTER 6: STANDARDS OF DESIGN
6.00 Standards of Design.
6.01 General Requirements.
6.02 Suitability of Land.
6.03 Street Layout and Design Standards.
6.04 Blocks.
6.05 Lots.
6.06 Easements.
6.07 Building Setback Lines.
Figure 1 Frontage Place.
Figure 2 Residential Alley.
6.00 Standards of Design.
The final Plat of the subdivision shall conform to the following principles and standards of design:
6.01 General Requirements.'
6.01.01 The subdivision layout shall conform in all essential respects with Ordinance Z -4, as amended, and elements of the
adopted Comprehensive Plan for the City of Carmel, Indiana and its jurisdiction.
6.01.02 The subdivision layout shall be in full compliance with the provisions of the zoning districts in which it is located and the
provisions of the Zoning Ordinance.
6.01.03 The subdivision layout shall be designed in accordance with the principles and standards contained in this Ordinance
with the objective of achieving the most advantageous development of the subdivision and adjoining areas. However, a
minor subdivision shall be exempt from the standards found in Chapter 7.
6.02 Suitability of Land.
6.02.01 Land subject to periodic flooding as determined by the e. d( 'food plain districts shall not be subdivided for
residential occupancy nor for any other use which might involve danger to health, life or property or aggravate the flood
hazard, and such land within any proposed subdivision shall be reserved for uses whic will not be endan_ered b
J repo pp
su. vi es e+ occasional
u •ect to re o inundation.
s t ecommen a ons an. approva rova s om e In. ana atura es urc plain district may be
ources ommisslon.
1 Section 6.01 amended per Ordinance No. Z-329.
Chapter 6: Standards of Design
6 -1
as amended per Z -318; Z -329; Z- 370 -02; Z- 445 -04; Z- 457 -04; Z- 486 -06; Z- 530 -09
Summer 2009 vl
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
B
C
CITY. The City of Carmel, Indiana.
CUT. An excavation. The difference between a point on the original ground and a designated point of lower
elevation on the final grade. Also, the material removed in excavation.
D
DEDICATION. A gift, by the owner, of a right to use land for stated purposes. These property rights are
transferred through a recorded written document.
E
EASEMENT. A grant by the property owner of the use of a strip of land by the public, a corporation, or
persons, for specified purposes.
EROSION. The removal of surface materials by the action of natural elements.
EXCAVATION. Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut,
quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions
resulting therefrom.
F
FILL. Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled,
transported or moved to a new location above the natural surface of the ground or on top of the
stripped surface and shall include all conditions resulting therefrom. The difference in elevation
between a point on the original ground and a designated point of higher elevation on the final grade.
FLOOD PLAIN DISTRICT. All land lying within the floodplain of the 100 -year frequency flood of any water
course and their tributary streams is within the floodplain and subject to these regulations, in addition
to the regulations otherwise established by the Zoning Ordinance of the City of Carmel. The
boundaries of the floodplain are hereby established as shown on the zoning district map.
FRONTAGE PLACE. A permanent public or private way situated parallel to an arterial, a parkway or a
collector in order to provide access to private lots and to eliminate through traffic. (adopted per Z -318)
FRONTAGE ROAD. A public way running parallel to a limited access highway or a railroad right -of -way
located at sufficient distance from the highway or railroad that appropriate use can be made of the land
between the highway or railroad and such streets. (adopted per Z -318)
G
H
HORIZONTAL VISIBILITY. A direct line of sight forty -eight inches high across aplane parallel to the plane
of the horizon.
Chapter 4: Definitions
4 -2
as amended per Z -318; Z -339
Summer 2004 vl
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARIVIEL ZONING ORDINANCE
CHAPTER 22: FLOOD HAZARD DISTRICTS
22.00 Flood Hazard Districts.
22.01 Statutory Authorization.
22.02 Statement of Purpose.
22.03 The. Duties of the. Director of the Department of Community SeiViCeR.
22.04 Regulatory Flood Elevation.
22.05 Tmprovement Location Permit For Construction Within The Special Flood Hazard Zone (SFHAL.
22.06 Preventing Tncreased Damages.
22.07 Protecting Existing Buildings.
22.08 Other Development Requirements.
22.09 Variances.
22.10 Di sclaimer of T,iahility.
22.11 Violations.
22.12 Abrogation and Greater Restrictions.
22.13 Separability.
22.14 Effective Date.
22.15 Definitions.
22.00 Flood Hazard Districts.
22.01 Statutory Authorization
The Indiana Legislature granted the power to local units of government to control land use within their
jurisdictions which affect Special Flood Hazard Areas in order to provide uninterrupted greenways that
control flooding, improve water quality by filtering waterborne pollutants, provide habitat for highly varied
flora an• auna, ant a so contam we an. areas which are some o tie most bio ogle. y productive lands
within the jurisdiction.
22.02 Statement of Purpose.
The purpose of this Ordinance is to guide development in the flood hazard areas in order to reduce the
potential for: c
1. Loss of life and proper �1c 'wt �U
2. Health and safety hazards;
3. Extraordinary public expenditures for flood protection and relief. -e V wv y4/1(-4
eels 0-yilAl29,
Chapter 22: Flood Hazard Districts
22 -1
Adopted per Z 287. As amended per Z 311, Z 339, Z 401 03: Z 416 03
Summer 2004 vl
CITY OF CARMEL ZONING ORDINANCE
Under the authority granted to local units of government to control land use within their jurisdiction, which
includes taking into account the affects of flooding, the Common Council for the City of Carmel hereby
adopts the following floodplain management regulations in order to accomplish the following:
A. to prevent unwise developments from increasing flood or drainage hazards to others; 1 f
B. to *tea new buildings and major improvements to buildings from flood damage; \10 t A &Q 't L3 J
C. to protect human life and health from the hazards of flooding;
D. to lessen the burden on the taxpayer for flood control projects, repair to flood -dama ed public
facilities and utilities, aria flood rescue and relief operations; Q MliCatt1 j 2 r 5YVw�z C4 SsS
E. to maintain property values and a stable tax base by minimizing the potential for creating creating flood V!
blighted areas; and,
F. to make federally subsidized flood insurance available for property in the zoning jurisdiction of
the City of Carmel by fulfilling the requirements of the National Flood Insurance Program.
22.03 The Ditties of the Director of the Department of Community Service
The Director for the Department of Community Services is appointed to review all development and
subdivision proposals to insure compliance with this Ordinance, including but not limited to the following
duties:
A. Ensure that all developtnent activities within the "Special Flood Hazard Areas" (SFHA) of the
jurisdiction of the City of Carmel/Clay Township meet the requirements of this ordinance.
B. Provide information and assistance to citizens upon request about permit procedures and
floodplain construction techniques.
C. Ensure that construction authorization has been granted by the Indiana Natural Resources
Commission for all development projects subject to Section 22.06 of this Ordinance and maintain
a recor o such authorization (either copy of actual permit or letter of recommendation).
D. Maintain a record of the "as- built" elevation of the lowest floor (including basement) of all new
and/or substantially improved buildings constructed in the SFHA.
E. Maintain a record of the engineer's certificate and the "as- built" floodproofed elevation of all
building subject to Section 22.07 of this Ordinance.
F. Cooperate with state and federal floodplain management agencies to improve base flood and
floodway data and to improve the administration of this Ordinance. Submit reports as required for
the National Flood Insurance Program.
G. Maintain for public inspection and furnish upon request regulatory flood data, SFHA maps, copies
of DNR permits and letters of recommendation, federal permit documents, and "as- built"
elevation and floodproofmg data for all buildings constructed subject to this ordinance.
I. Notify adjacent communities and the State Coordinating Officer prior to any alteration or
relocation of a watercourse, and submit copies of such notification to FEMA.
22.04 Regulatory Flood Elevation
This ordinance's protection standard is the regulatory flood. The best available regulatory flood data is
listed below. Whenever a party disagrees with the best available data, the party submitting the detailed
Section 22.03 amended per Ordinance No. Z -339; Z- 407 -03, §a.
2 See also City Code §7-13: Review of Application and Flood Damage Prevention.
Chapter 22: Flood Hazard Districts
22 -2
Adopted per Z -287. As amended per Z -311, Z -339, Z- 401 -03; Z- 416 -03
Summer 2004 vl
CITY OF CARMEL ZONING ORDINANCE
engineering study needs to replace existing data with better data and submit it to the Department of Natural
Resources for review and approval.
A. The regulatory flood elevations for the SFHAs of White River, Cool Creek, Hot Lick Creek,
Williams Creed, Henley Creek, and Carmel Creek, within Clay Township, shall be as delineated
on the 100 -year flood profiles in the Flood Insurance Study of the City of Carmel dated February
19, 2003, and the corresponding Flood Insurance Rate Maps, dated February 19, 2003, as well as
any future updates, amendments, or revisions, prepared by the Federal Emergency Management
Agency with the most recent date.
B. The regulatory flood elevation for each SFHA delineated as an "AH Zone" or "AO Zone" shall be
that elevation (or depth) delineated on the Flood Insurance Rate Map of the City of Carmel.
C. The regulatory Flood Elevation for each of the remaining SFHAs delineated as an "A Zone" on
the Flood Insurance Rate Map of the City of Carmel shall be according to the best data available
as provided by the Department of Natural Resources.
22.05 Improvement Location Permit For Construction Within The Special Flood Hazard.
Zone (SFHA).
No person, firm, corporation, or governmental body, not exempted by state law shall commence any
"development" in the SFHA without first obtaining an Improvement Location Permit from the Department
of Community Services. The Department of Community Services shall not issue an Improvement Location
Permit if the proposed "development" does not meet the requirements of this ordinance.
A. The application and materials required for an Improvement Location Permit shall be accompanied
by the elevation of lowest floor (including basement) of all proposed structures. Elevation should
be in National Geodetic Vertical Datum of 1929 (NGVD).
B. Upon receipt of an application for an Improvement Location Permit, the Director shall determine
if the site is located within an identified floodway, floodway fringe, or within the floodplain
where the limits of the floodway have not yet been determined.
1. If the site is in a identified floodway the Director shall require the applicant to forward
the application, along with all pertinent plans and specifications, to the Department of
Natural Resources and apply for a permit for construction m a floodway.
Under the provisions of IC 14 -28 -1, a permit from the Natural Resources Commission is
required prior to the issuance of a local building permit for any excavation, deposit,
construction or obstruction activity located in the floodway. This includes land
preparation activities such as filling, grading, clearing and paving etc. undertaken before
the actual start of construction.
No action shall be taken by the Director until a permit has been issued by the Natural
Resources Commission granting approval for construction in the floodway. Once a
permit has been issued by the Natural Resources Commission, the Director may issue an
Improvement Location Permit, provided the provisions contained in Sections 22.06 and
22.07 of this Ordinance have been met. The Improvement Location Permit cannot be
less restrictive than the permit issued by the Natural Resources Commission.
If the site is located in an identified floodway fringe, then the Director may issue an
Improvement Location Permit provided the provisions contained in Sections 22.06 and
22.07 of this Ordinance have been met. The lowest floor of any new or substantially
3 Section 22.04 amended per Ordinance No. Z -339; Z- 401 -03, §b.
4 Section 22.05 amended per Ordinance No. Z -339; Z- 401 -03, §c.
Chapter 22: Flood Hazard Districts
22 -3
Adopted per Z -287. As amended per Z -311, Z -339, Z- 401 -03; Z- 416 -03
Summer 2004 vt
L i
CITY OF CARMEL ZONING ORDINANCE
improved structure shall be at or above the Flood Protection Grade two 2) feet above
the 100-year elevation as specified by Section 312 Indiana Administrative Code 10).
3. If the site is in an identified floodplain where the limits of the floodway and floodway
fringe have not yet been determined (shown as zone A on the Flood Insurance Rate
map), and the drainage area upstream of the site is greater than one (1) square mile, the
Director shall require the applicant to forward the application, along with all pertinent
plans and specifications, to the Department of Natural Resources for review and
comment.
No action shall be taken by the Director until either a permit for construction in the
floodway or a letter of recommendation citing the 100 -year flood elevation and the
recommended Flood Protection Grade has been received from the Department of Natural
Re uses.
Once the Director has received the proper permit or letter of recommendation approving
the proposed development, an Improvement Location Permit may be issued provided the
conditions of the Improvement Location Permit are not less restrictive than the
conditions received from the Department of Natural Resources and the provisions
contained in Sections 22.06 and 22.07 of this Ordinance have been met.
4. If the site is an identified floodplain where the limits of the floodway and floodway
fringe have not yet been determined and the drainage area upstream of the site is less
than one (1) square mile, the Zoning Administrator shall require the applicant to provide
an engineering analysis showing the limits of the floodway, floodway fringe and 100
year elevation for the site. Upon receipt, the Zoning Administrator may issue the local
Improvement Location Permit, provided the provisions contained in Sections 22.07 and
22.08 of this ordinance have been met.
22.06 reventing increased Damages
No development in the SFHA shall create a damaging or potentially damaging increase in flood heights,
velocity, or threat to public health and safety.
A. Within the floodway identified on the Flood Boundary and Floodway Map or the Flood Insurance
Rate Map, the following standards shall apply:
1. No development shall be allowed which acting alone or in combination with existing or
future similar works, will cause any increase in the elevation of the regulatory flood; and
2. For all projects involving channel modifications or fill (including levees) the City shall
submit a request to the Federal Emergency Management Agency to revise the regulatory
flood data.
B. Within all SFHAs identified as A Zones (no 100 -year flood elevation and/or floodway /floodway
fringe delineation has been provided) the total cumulative effect of the proposed development,
when combined with all other existing and anticipated development, will not increase the
regulatory flood elevation more than one -tenth (0.1) of one foot and wi'II not increase flood
damages or potentlafflood damages.
C. Public Health Standards in all SFHAs:
1. No development in the SFHA shall include location or storing chemicals, explosives,
buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials
below the Flood Protection Grade (FPG), unless such materials are stores in a storage
tank or floodproofed building constructed according to the requirements of Section 22.08
of this Ordinance.
Chapter 22: Flood Hazard Districts
22-4
Adopted per Z -287. As amended per Z -311, Z -339, Z- 401 -03; Z- 416 -03
Summer 2004 vl
CITY OF CARMEL ZONING ORDINANCE
2. New and replacement sanitary sewer lines and on -site waste disposal systems may be
permitted providing all manholes or other above ground openings located below the FPG
are watertight.
22.07 Protecting Existing Ruilding 5
In addition to the damage prevention requirements of Section 22.06, all buildings to be located in the
SFHA shall be protected from flood damage below the FPG.
A. This building protection requirement applies to the following situations:
1. construction or placement of any new building having an enclosed area greater than four
hundred (400) square feet;
2. structural alterations made to:
a. an existing (previously unaltered) building, the cost of which equals or exceeds
fifty percent (50 of the value of the pre altered building (excluding the value
of the land);
b. any previously altered building;
3. installing a manufactured home on a new site or a new manufactured home on an
existing site. This Ordinance does not apply to returning the existing manufactured home
to the same site it lawfully occupied before it was removed to avoid flood damage; and,
4. placement of a recreational vehicle on a site for more than one hundred eighty (180)
days.
B. This building protection requirement may be met by one of the following methods. The Director
shall maintain a record of compliance with these building protection standards as required in
Section 22.03 of this Ordinance.
1. A residential or non residential building may be constructed on a permanent grade or fill
in accordance with the following:
a. The fill shall be placed in layers no greater than one (1) foot deep before
compacting to ninety -five percent (95 of the maximum density obtainable
with the Standard Proctor Test method.
b. The fill should extend at least ten (10) feet beyond the foundation of the
building before sloping below the FPG.
c. The fill shall be protected against erosion and scour during flooding by
vegetative cover, riprap, or bulkheading. If vegetative cover is used, the slopes
shall be no steeper than three (3) horizontal to one (1) vertical.
d. The fill shall not adversely affect the flow of surface drainage from or onto
neighboring properties.
e. The lowest floor (see definition of Lowest Floor) shall be at or above the FPG.
5 Section 22.07 amended per Ordinance No. Z -339; Z- 401 -03, §d-h.
Chapter 22: Flood Hazard Districts
22 -5
Adopted per Z -287. As amended per Z -311, Z -339, Z- 401 -03; Z- 416 -03
Summer 2004 vi
CITY OF CARMEL ZONING ORDINANCE
2. A residential or non residential building may be elevated in accordance with the
following:
a. The building or improvements shall be elevated on posts, piers, columns,
extended walls, or other types of similar foundation provided:
1) Walls of any enclosure below the elevated floor shall be designed to
automatically equalize hydrostatic flood forces on the walls by
allowing for the entry and exit of flood waters, through providing a
minimum of two (2) openings (in addition to doorways and windows)
having a total area of one (1) square inch for every one (1) square foot
of enclosed area subject to flooding. The bottom of all such openings
shall be no higher than one (1) foot above grade.
2) Any enclosure below the elevated floor is used for storage of vehicles
and building access.
b. The foundation and supporting members shall be anchored and aligned in
relation to flood flows and adjoining structures so as to minimize exposure to
known hydrodynamic forces such as current, waves, ice, and floating debris.
c. All areas below the FPG shall be constructed of materials resistant to flood
damage. The lowest floor (including basement) and all electrical, heating,
b asP vtt,. ventilating, plumbing, and air conditioning equipment and utility meters shall be
located at or above the FPG. Water and sewer pipes, electrical and telephone
lines, submersible pumps, and other waterproofed service facilities may be
Located below the FPG.
3. Manufactured homes and travel trailers (also called recreational vehicles) to be installed
or substantially improved on a site for more than one hundred eighty (180) days must
meet one of the following anchoring requirements:
a. The manufactured home shall be elevated on a permanent foundation such that
the lowest floor shall be at or above the FPG and securely anchored to an
adequately anchored foundation system to resist flotation, collapse, and lateral
movement. This requirement applies to all manufactured homes to be placed on
a site:
1) outside a manufactured home park of subdivision;
2) in a new manufactured home park or subdivision;
3) in an expansion to an existing manufactured home park or subdivision;
or,
4) in an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as a result of a
flood.
b. The manufactured home shall be elevated so that the lowest floor of the
manufactured home chassis is supported by reinforced piers or other foundation
elements that are no less than thirty-six (36) inches in height above grade and be
securely anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
This requirement applies to all manufactures homes to be placed on a site in an
existing manufactured home park or subdivision that has not been substantially
damaged by a flood.
Chapter 22: Flood Hazard Districts
22-6
Adopted per Z -287. As amended per Z -311, Z -339, Z- 401 -03; Z- 416 -03
Summer 2004 vi
CITY OF CARMEL ZONNG ORDINANCE
4. Recreational vehicles placed on site shall either:
a. be on the site for less than one hundred eighty (180) consecutive days;
b. be fully licensed and ready for highway use (defined as being on its wheels or
jacking system, is attached to the sits only by quick disconnect type utilities and
security devices, and has no permanently attached additions); or,
c. meet the requirements for "manufactured homes" in paragraph 3 of this
Section.
5. A non- residential building may be floodproofed to the FPG (in lieu of elevating) if done
in accordance with the following:
a. A Registered Professional Engineer shall certify that the building has been
designed so that below the FPG, the structure and attendant utility facilities are
watertight and capable of resisting the effects of the regulatory flood. The
building design shall take into account flood velocities, duration, rate of rise,
static pressures, and impacts from debris or ice.
b. Floodproofing measures shall be operable without human intervention and
without an outside source of electricity.
22.08 Other Development Requirements
A. The Director shall review all proposed subdivisions to determine whether the subdivision lies in a
SFHA. If the Director finds the subdivision to be so located, the Director shall forward plans and
materials to the Indiana Department of Natural Resources for review and comment. The
subdivision Development Plan shall show:
1. consistency with the need to minimize flood damages;
2. all public utilities and facilities, such as sewer, gas, electrical, and water systems are
located and constructed to minimize or eliminate flood damage;
3. adequate drainage will be provided so as to reduce exposure to flood hazards;
4. on -site waste disposal systems, if provided, will be so located and designed to avoid
impairment of them or contamination from them during the occurrence of the regulatory
flood.
Developers shall indicate the 100 -year flood elevation on all subdivision plats containing lands
identl led as SFHA prior to submitting the plats or approval by the Plan Commission.
22.09 Variances.
The Board of Zoning Appeals may issue a variance to the terms and provisions of this Ordinance subject to
the following standards and conditions:
1. No variance or exception for a residential use within a floodway subject to Section 22.06 (a) or
(b) may be granted.
2. Any variance or exception granted in a floodway subject to Section 22.06 (a) or (h) will require a
permit from Natural Resources.
3. Variances or exceptions to the Building Protection Standards of Section 22.07 may be granted
only when a new structure is to be located on a lot of one -half acre or less in size, contiguous
to and surrounded by lots with existing structures constructed below the Flood Protection Grade.
Chapter 22: Flood Hazard Districts
22 -7
Adopted per Z -287. As amended per Z -311, Z -339, Z- 401 -03; Z- 416 -03
Stunmer 2004 vl
CITY OF CARMEL ZONING ORDINANCE
4. Variance or exception may be granted for the reconstruction or restoration of any structure
individually listed on the Register of Historic Places or the Indiana State Survey of Historic
Architectural, Archaeological and Cultural Sites, Structures, Districts, and Objects;
5. All variances shall give the maximum relief necessary and be such that the maximum practical
flood protection will be given to the proposed construction; and
6. The Board of Zoning Appeals shall issue a written notice to the recipient of a variance or
exception that the proposed construction will be subject to increased risks to life and property and
could require payment of excessive flood insurance premiums.
22.10 Disclaimer of l.iahility.
The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes
and is based on available information derived from engineering and scientific methods of study. Larger
floods can and will occur on rare occasions. Therefore, this Ordinance does not create any liability on the
part of the community, the Department of Natural Resources, or the 'State of Indiana, for any flood damage
that results from reliance on this Ordinance or any administrative decision made lawfully thereunder.
22.11 Vinlatinni.
Failure to obtain an Improvement Location Permit in the SFHA or failure to comply with the requirements
of a permit or conditions of a variance shall be deemed to be a violation of this Ordinance. All violations
shall be considered a common nuisance and be treated as such in accordance with the provisions of the
Zoning Code for the City of Cannel/Clay Township, and shall be subject to citation and fine in accordance
with Chapter 34: Zoning Violations.
A. A separate offense shall be deemed to occur for each day the violation continues to exist.
B. The Carmel/Clay Plan Commission shall inform the owner that any such violation is considered a
willful act to increase flood damages and therefore may cause coverage by a Standard Flood
Insurance Policy to be suspended.
C. Nothing herein shall prevent the City of Carmel /Clay Township from taking such other lawful
action to prevent or remedy any violations. All costs connected therewith shall accrue to the
person or persons responsible.
22.12 Ahrogtion and Greater Restrictions.'
This Ordinance repeals and replaces other ordinances adopted by the City Council to fulfill the
requirements of the National Flood Insurance Program. However, this Ordinance does not repeal the
original resolution or ordinance adopted to achieve eligibility in the Program. Nor does this Ordinance
repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this Ordinance
or other Ordinance easements, covenants, or deed restrictions conflict or overlap, whichever imposes the
more restrictive restrictions shall take precedence. In addition, the City Council shall assure that all
National Flood Insurance regulations (Contained in 44 CFR 60.3) and State Floodplain Management
regulations and laws (312 IAC 10, IC 14 -28 -1 and IC 14 -28 -3) are met.
6 Section 22.10 amended per Ordinance No. Z- 401 -03, §i.
7 Section 22.11 amended per Ordinance No. Z-339; Z- 401 -03, §j.
8 Section 22.12 amended per Ordinance No. Z- 401 -03, §k.
Chapter 22: Flood Hazard Districts
22 -8
Adopted per Z -287. As amended per Z -311, Z -339, Z- 401 -03; Z- 416 -03
Summer 2004 v I
CITY OF CARMEL ZONING ORDINANCE
22.13 Separability
The provisions and sections of this Ordinance shall be deemed separable and the invalidity of any portion
of this Ordinance shall not affect the validity of the remainder.
22.14 Effective Pate.
This Ordinance shall take effect upon its passage by the Common Council for the City of Carmel.
A. All prior Ordinances or parts thereof inconsistent with any provisions of this Ordinance are hereby
repealed.
B. This Ordinance shall be in full force and effect from and after its passage and signing by the
Mayor.
22.15 Definitions.
Terms used in this Ordinance are defined in Chapter 3: Definitions.
9 Ordinance No Z-287 effective Monday, October 4, 1993.
10 Section 22.15 adopted per Ordinance No. 2-311. Amended per Ordinance No Z -339; Z- 401 -03, §1 -m; Z- 416 -03, §b -c.
Chapter 22: Flood Hazard Districts
22 -9
Adopted per Z -287. As amended per Z -311, Z -339, Z- 401 -03; Z- 416 -03
Summer 2004 v1
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 22: FLOOD HAZARD DISTRICTS
AMENDMENT LOG
Ordinance No. Docket No. Council Approval Effective Date Sections Affected
Z -311
Z -339
Z- 401 -03 150 -02a OA January 6, 2003 January 6, 2003 22.03; 22.04; 22.05;
22.07; 22.10; 22.11;
22.12; 22.15
Winter 2003 vl
Z- 416 -03 40 -02 OA November 17, 2003 November 18, 2003 22.15
Autumn 2003 vi
Chapter 22: Flood Hazard Districts
22 -10
Adopted per Z -287. As amended per Z -311, Z -339, Z- 401 -03: Z- 4I6 -03
Sumner 2004 vl
CITY OF CARMEL ZONING ORDNANCE
FEED STORE. An establishment engaged in the retail sale of supplies directly related to the day -to -day activities of
agricultural production.
FEEDLOT. Any area, enclosed or unenclosed, used for the concentrated feeding of livestock, other than grazing.
FEMA. Federal Emergency Management Agency.
FENCE. A freestanding device made of metal, masonry, composition or wood, or any combination thereof, resting on or
partially buried in the ground, rising above ground level and used for confinement, screening protection or partition
purposes.
FENCE, STOCKADE. A fence constructed of vertical wood strips, with no intervening spaces, providing a complete visual
barrier.
FHBM. Flood Hazard Boundary Map.
FINANCIAL INSTITUTION. See INSTITUTION, FINANCL4L.
FIREWORKS, LEGAL. Legal fireworks shall refer to that teen as defined by Indiana Code 22- 11 -14 -8.
FIRM. Flood Insurance Rate Map.
FISCAL OFFICER. See OFFICER, FISCAL.
FLASH POINT. The lowest temperature at which a combustible liquid under prescribed conditions will give off a
flammable vapor which will burn momentarily using the closed cup method.
FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow,
the unusual and rapid accumulation, or the runoff of surface waters from any source.
FLOOD (OR FLOOD WATER). The water of any river or stream which is above the banks and/or outside the channel and
banks of such river or stream.
FLOOD, REGULATORY. Means the flood having a one percent (1 probability of being equaled to or exceeded in any
given year, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural
Resource Commission and the Federal Emergency Management Agency. The regulatory flood elevation at any
location is as defined in Section 22.04 of this ordinance. The "Regulatory Flood" is also known by the term "Base
Flood."
FLOOD FRINGE. The •ortions of the flood hazard area 1 in outside the floodway. The flood fringe (FF) district contains
the above area.
FLOOD HAZARD AREA, SPECIAL. See SFILA or SPECL4L FLOOD IL4ZARD AREA.
FLOOD PROFILE, REGULATORY. A longitudinal profile along the thread of a river or stream showing the maximum
water surface attained by the regulatory flood.
FLOOD PROTECTION GRADE (FPG). The elevation of the regulatory flood plus two (2) feet at any given location in the
SFHA.
FLOODPLAIN. The channel proper and the areas adjoining any wetland, lake, or watercourse which have been and
hereafter may be covered by the Regulatory Flood. The floodplain includes both the Floodway and the Floodway
Fringe districts.
Chapter 3: Definitions
3 -12
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z- 419 -03; Z- 453 -04;
Z- 461 -04; Z- 471 -05; Z- 486 -06; Z- 530 -09
Sumner 2009 v1
CITY OF CARMEL ZONING ORDINANCE
FLOODWAY. The channel of a river or a stream and those portions of the Floodplains adjoining the channel which are
reasonably required to efficiently carry and discharge the peak flood flow of the Regulatory Flood of any river or
stream.
FLOODWAY, COMMISSION. The channel of a river or stream and those portions of the flood plain adjoining the channel
that are required to carry and discharge flood waters of said river or stream, including but not limited to flood flows
associated with the regulatory flood, as established by the Indiana Natural Resources Commission.
FLOODWAY FRINGE. Those portions of the Floodplain lying outside the Floodway.
FLOOR, GROUND. The first level of a Building that provides outside access by a door.
FLOOR, LOWEST. Means the lowest floor of the following:
1. the top of the basement floor;
2. the top of the garage floor, if the garage is the lowest level of the building;
3. the top of the first floor of buildings elevated on pilings or constructed on a crawl space with permanent
openings, or;
4. the top of the floor level of any enclosure below an elevated building where the walls of the enclosure
provided any resistance to the flow of flood waters unless:
a. the walls are designed to automatically equalize the hydrostatic flood forces on the walls by
allowing for the entry and exit of flood waters, by providing a minimum of two (2) openings (in
addition to doorways and windows) having a total area of one (1) square inch for every one (1)
square foot of enclosed area subject to flooding. The bottom of all such openings shall be no
higher than one (1) foot above grade.
b. such enclosed space shall be usable for the parking of vehicles and building access.
FLOOR AREA, GROSS. The sump of the total horizontal areas of the several floors of all Buildings on a Lot, measured from
the interior faces of exterior walls. The term Gross Floor Area shall include basement, elevator shafts and stairwells
of each story, floor space used for mechanical equipment with structural headroom of six (6) feet six (6) inches or
more, penthouses, attic space (whether or not a floor has actually been laid providing headroom of six (6) feet six
(6) inches or more), interior balconies, and mezzanines.
FLOOR AREA, GROUND. The square foot area of a Building within its largest outside dimensions computed on a
horizontal plane at the ground floor level, exclusive of open porches, breezeways, terraces, attached garages, and
exterior stairways.
FLOOR AREA, NET. The sum of the total horizontal areas of the several floors of all Buildings on a Lot, measured from
the interior faces of exterior walls and from the center line of walls separating two (2) or more Buildings. The term
Net Floor Area shall include outdoor display areas for the sale, rental and display of recreational vehicles, boats and
boating equipment; trailers; horticultural items, farm or garden equipment and other similar products; but shall
exclude areas designed for permanent Uses such as toilets, utility closets, malls enclosed or not, truck tunnels,
enclosed parking areas, meters, rooftop mechanical Structures, mechanical and equipment rooms, public and fire
corridors, stairwells, elevators, escalators, and areas under a sloping ceiling where the headroom in fifty percent
(50 of such area is less than six (6) feet six (6) inches.
FLOOR AREA RATIO (FAR). A figure expressing the total Gross Floor Area as a multiple of the area of a Lot or parcel.
This figure is determined by dividing the Gross Floor Area of all Buildings including basements, but not covered
parking on a Lot or parcel, by the area of that Lot or parcel.
Chapter 3: Definitions
3 -13
as amended per Z -320; Z- 339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z- 419 -03; Z- 453 -04;
Z- 461 -04; Z- 471 -05; Z-486-06; Z- 530 -09
Summer 2009 vl
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